Death penalty remains on table in mother's trial

NWA Democrat-Gazette/TRACY NEAL Cathy Lynn Torres of Bella Vista was escorted out of the courtroom on Monday after a hearing in her murder case. She is accused of killing her 6-year-old son. For more photos, go to www.nwadg.com/photos.
NWA Democrat-Gazette/TRACY NEAL Cathy Lynn Torres of Bella Vista was escorted out of the courtroom on Monday after a hearing in her murder case. She is accused of killing her 6-year-old son. For more photos, go to www.nwadg.com/photos.

BENTONVILLE -- A local circuit judge denied several motions in the case of a Bella Vista woman accused of killing her 6-year-old son.

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Judge Brad Karren presided over a hearing Monday concerning motions that had been filed in Cathy Torres' case.

Cathy Torres, 43, and Mauricio Alejandro Torres, 45, are charged with capital murder and first-degree battery, a Class B felony. They have pleaded innocent to the charges. The Torreses are being held without bail in the Benton County jail.

Their son, Maurice Isaiah Torres, 6, was taken to a hospital where he was pronounced dead March 29. A medical examiner later determined the boy suffered from chronic child abuse, and his death was from internal injuries caused by being raped, according to court documents.

Prosecutors will seek the death penalty for Mauricio Torres and Cathy Torres.

Many of the motions dealt with Monday involved seeking to have the death penalty declared unconstitutional. Such motions routinely are filed in death-penalty cases. Karren denied each one.

Karren did grant a defense motion to prohibit displays of emotion at trial.

Tony Pirani, one of the attorneys for Cathy Torres, described the case as emotional. Pirani said there may be spectators who could cause an outburst. An outburst in front of a jury could be detrimental to his client and affect whether she would receive a fair trial, Pirani said.

"If it happens, the court will act quickly," Karren said of any potential outbursts.

Karren scheduled another hearing on more motions for 2:30 p.m. Oct. 28.

Prosecutors will try Mauricio Torres first. His jury trial is set to begin Jan. 12. A pretrial hearing will be Jan. 11. Cathy Torres' jury trial is scheduled to begin Jan. 26. A pretrial hearing is set for Jan. 25.

The Torreses also were arrested in connection with rape, but prosecutors didn't include that offense in the charging documents. The rape occurred in Missouri, not in Benton County, said Nathan Smith, Benton County prosecuting attorney.

Smith previously said his office did not have jurisdiction to charge the Torreses with rape. The office has jurisdiction in the murder case because the boy died in Benton County, Smith said.

Metro on 10/06/2015

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